Johnson v. Howard
Supreme Court of Minnesota
Appeal from an order of the district court for St. Louis county, overruling a demurrer to the complaint, which was upon a written contract, made between the plaintiff of the first part and defendant of the second part, and containing the following provisions: “ In consideration, &c., the party of the first part covenants and agrees to furnish to said party of the second part, one thousand or more cords of stone, as hereinafter specified, viz.: The quality of said rock or “…
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Appeal from an order of the district court for St. Louis county, overruling a demurrer to the complaint, which was upon a written contract, made between the plaintiff of the first part and defendant of the second part, and containing the following provisions: “ In consideration, &c., the party of the first part covenants and agrees to furnish to said party of the second part, one thousand or more cords of stone, as hereinafter specified, viz.: The quality of said rock or “ Quality.” stone shall be sucb as shall be accepted by tbe government officers in charge of the Superior Harbor…
1Opinion of the Court
By the Court.
McMillan, Ch. J.
The particular portion of the agreement, upon which the defendant relies in support 'of his demurrer to the complaint, is the following clause :
“ The *stone shall be measured by the government officer in charge of the U. S. “ Measurement.” work, and shall be the same as may be allowed said party of the second part.”
The language of this clause of the agreement, set forth in the complaint, whether considered by itself, or in connection with the rest of the instrument, and the marginal notations by the parties opposite the several clauses of the contract, will admit…
2Cases cited3 opinions
- United States v. RobesonSupreme Court of the United States · 1835
- Smith v. BriggsNew York Supreme Court · 1846
- Graham v. MachadoThe Superior Court of New York City · 1857
3Cited by6 opinions
- Bush v. JonesCourt of Appeals for the Third Circuit · 1906
- National Contracting Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1903
- Potter v. MellenSupreme Court of Minnesota · 1886
- New Telephone Co. v. FoleyIndiana Court of Appeals · 1902
- Eakright v. TorrentMichigan Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.